Editing Probate - Wikipedia

{{Use dmy dates|date=February 2021}}

{{Use dmy dates|date=February 2021}}

{{Wills, trusts, estates}}

{{Wills, trusts, estates}}

In [[Common law|common law jurisdictions]], '''probate''' is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased, or whereby the estate is settled according to the laws of [[intestacy]] in the state of residence of the deceased at time of death in the absence of a legal will.

In [[common law jurisdictions]], '''probate''' is the judicial procedure where a will is "proved" in court and recognized as a valid public document representing the deceased's true last testament. Alternatively, if there is no legal will, the estate is settled according to the [[intestacy]] laws of the deceased's state of residence at the time of death.

The granting of probate is the initial step in the [[Law|legal]] process of managing a deceased person's estate, addressing all claims, and distributing the deceased's property under a will. A [[probate court]] determines the legal validity of a deceased person's will and grants approval, known as granting probate, to the executor. The probated will then become a [[legal instrument]] that the [[executor]] can enforce in court if needed. Probate also officially appoints the executor (or [[personal representative]]), usually named in the will, with the legal authority to distribute the deceased's assets as specified in the will. However, a will can be contested during the probate process.<ref>{{cite news|last1=Baker|first1=Jereme|title=Best Probate Lawyer in Colorado|url=https://jbakerlawgroup.com/colorado-probate-lawyer/|access-date=2024-07-02|work=Baker Law Group|date=2024-07-02}}</ref>

The granting of probate is the first step in the [[legal]] process of administering the [[estate (law)|estate]] of a deceased person, resolving all claims and distributing the deceased person's [[property]] under a will. A [[probate court]] decides the legal validity of a [[testator]]'s (deceased person's) will and grants its approval, also known as granting probate, to the executor. The probated will then becomes a [[legal instrument]] that may be enforced by the executor in the law courts if necessary. A probate also officially appoints the [[executor]] (or [[personal representative]]), generally named in the will, as having legal power to dispose of the testator's assets in the manner specified in the testator's will. However, through the probate process, a will may be [[Will contest|contested]].<ref>{{cite news|last1=Jones|first1=Harvey|title=Dealing with probate in 2013|url=https://www.theguardian.com/money/2013/feb/15/dealing-with-probate-in-2013|access-date=19 September 2017|work=The Guardian|date=15 February 2013}}</ref>

==Terminology==

==Terminology==

Most estates in the United States include property that is subject to probate proceedings.<ref name="usprobate"/> If the property of an estate is not automatically devised to a surviving spouse or heir through principles of joint ownership or survivorship, or otherwise by [[operation of law]], and was not transferred to a [[Living trust|trust]] during the decedent's lifetime, it is generally necessary to "probate the estate", whether or not the decedent had a valid [[will (law)|will]]. For example, life insurance and retirement accounts with properly completed beneficiary designations should avoid probate, as will most bank accounts titled jointly or made payable on death.<ref>{{cite news |last1=Horn |first1=John |last2=Johnsen-Tracy |first2=Dera |title=Avoid the Top 10 Mistakes Made With Beneficiary Designations |url=https://www.aaii.com/journal/article/avoid-the-top-10-mistakes-made-with-beneficiary-designations |newspaper=AAII: Avoid the Top 10 Mistakes Made with Beneficiary Designations |publisher=American Association of Individual Investors |access-date=6 April 2019}}</ref>

Most estates in the United States include property that is subject to probate proceedings.<ref name="usprobate"/> If the property of an estate is not automatically devised to a surviving spouse or heir through principles of joint ownership or survivorship, or otherwise by [[operation of law]], and was not transferred to a [[Living trust|trust]] during the decedent's lifetime, it is generally necessary to "probate the estate", whether or not the decedent had a valid [[will (law)|will]]. For example, life insurance and retirement accounts with properly completed beneficiary designations should avoid probate, as will most bank accounts titled jointly or made payable on death.<ref>{{cite news |last1=Horn |first1=John |last2=Johnsen-Tracy |first2=Dera |title=Avoid the Top 10 Mistakes Made With Beneficiary Designations |url=https://www.aaii.com/journal/article/avoid-the-top-10-mistakes-made-with-beneficiary-designations |newspaper=AAII: Avoid the Top 10 Mistakes Made with Beneficiary Designations |publisher=American Association of Individual Investors |access-date=6 April 2019}}</ref>

Some states have procedures that allow for the transfer of assets from small estates through affidavit or through a simplified probate process. For example, California has a "Small Estate Summary Procedure" to allow the summary transfer of a decedent's asset without a formal probate proceeding. The dollar limit by which the small estate procedure can be effectuated was $150,000<ref>{{cite web|title=Affidavit for Transfer of Personal Property Worth $150,000 or Less|url=http://www.courts.ca.gov/10440.htm|website=California Courts|access-date=8 June 2017}}</ref> before a statutory increase was implemented on a three-year schedule,<ref>

Some states have procedures that allow for the transfer of assets from small estates through affidavit or through a simplified probate process. For example, California has a "Small Estate Summary Procedure" to allow the summary transfer of a decedent's asset without a formal probate proceeding. The dollar limit by which the small estate procedure can be effectuated was $150,000<ref>{{cite web|title=Affidavit for Transfer of Personal Property Worth $150,000 or Less|url=http://www.courts.ca.gov/10440.htm|website=California Courts|access-date=8 June 2017}}</ref> before a statutory increase was implemented on a three year schedule,<ref>

{{cite web

{{cite web

| url = https://law.justia.com/codes/california/2022/code-prob/division-2/part-21/section-890/

| url = https://law.justia.com/codes/california/2022/code-prob/division-2/part-21/section-890/